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End User License Agreement
This License Agreement (the "Agreement") is a legal agreement between you, the end user (the "Licensee"), and Kent Filek (the "Licensor"). If not explicitly covered by a different License Agreement, this License Agreement covers all software, files and any other information (the "Materials") created by the Licensor and made available for download or for online usage at the website(s) of the Licensor.
By continuing the installation of any Material, by loading or running or otherwise using any Material, or by placing or copying any Material onto your computer hard drive, computer RAM or other storage, you are agreeing to be bound by the terms of this Agreement.
1. LICENSE
The Licensor hereby grants, and the Licensee hereby accepts, a license to use the Materials provided hereunder in accordance with the following terms:
(a) The Licensor grants to the Licensee a limited, non-exclusive, nontransferable, non-assignable royalty-free license to use a copy of the Materials on one or multiple devices, or to use any Material online within the website of the Licensor.
(b) The royalty-free license is strictly limited to the usage of the Materials for private purposes at home, for single user private purposes within a company or organisation, or within classrooms for educational purposes ("Personal use"). The Licensee shall register for classroom and other regular multi-user usage.
(c) The Licensee shall not use the Materials for commercial or business purposes ("Commercial use"). Any usage causing direct or indirect monetary income or otherwise significant gain or business advantages is considered Commercial use. Especially - but not limited to - the Licensee shall not bundle, bulk deploy, rent, lease, sell or sublicense the Materials.
(d) All rights are exclusively reserved to the Licensor. The Licensee shall not assign, mortgage, pledge, or otherwise transfer or encumber the Software, including any accompanying Documentation and information. The Licensee shall not reverse engineer, de-compile, or disassemble the Materials. The Licensor shall retain title and all ownership rights to the Software. The Licensee shall keep all copyright notices intact. In every derived work the Licensee shall place a notice including a reference to the original Materials and the Licensor.
(e) Any exceptions from the terms herein (e.g. permission for commercial usage) require explicit and written permission of the Licensor and may be subject to a license fee.
2. WARRANTY; DISCLAIMER OF WARRANTIES.
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE LICENSOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS REMAINS WITH THE LICENSEE. IN NO EVENT SHALL THE LICENSOR, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS OPPORTUNITIES, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ,THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. GOVERNING LAW. This Agreement is governed by the laws of the Federal Republic of Austria. The Licensee consents to exclusive jurisdiction by the federal courts sitting in the Republic of Austria.
4. PARTIES BOUND. If the Licensee is accepting the terms and conditions of this Agreement on behalf of a company, then the individual accepting this Agreement represents that he/she has authorization to accept on behalf of such company, also agrees that in addition to the applicable company, he or she will be personally bound by this Agreement, and agrees that the Software shall remain on the company premises, unless otherwise agreed in writing the Licensor.
For more information contact us at http://www.filek.com/contact.
